New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Offer-back obligation

Legal area

Court

9 Oct 2015

WILLIAMS v AUCKLAND COUNCIL [2015] NZCA 479

Citation

[2015] NZCA 479
Court

Court of Appeal

The Harbour Board acquired the Te Atatu land for a public work (harbour and ancillary services) and s40 of the PWA 1981 applied; the gazette notice and statutory scheme supplied the requisite element of compulsion even for negotiated acquisitions; the Empowering Act 1983 did not extinguish the Board's s40 duty; several claimants lacked successor standing under s40(5); although some owners proved a breach of s40, declaratory relief was refused after balancing equities because prolonged delay, extensive change in land use and legal status, and the litigation funding arrangement producing a fina…
28 Jun 2006

ATTORNEY-GENERAL V EDMONDS & ORS CA CA97/05

Citation

openlaw-4730728a_63c2_4d97_875b_c5a1f5c9d626.pdf
Court

Court of Appeal

Section 40 imposes a timeous offer-back obligation enforceable by declaration when not complied with; that breach does not generally create a continuing tort allowing reliance on later dates for accrual of loss; the appropriate remedy is declaratory relief specifying the date by which the offer should have been made; applying the facts, area A was surplus by July 1989 (offer obligation by July 1990), areas B and part of C not required for the substation (263m2) were surplus by July 1996, and only 172m2 was required for the substation; no obligation to offer airspace arose on these facts.